Court to Re-Examine Nipplegate

Just when we thought Nipplegate was behind us, a federal appeals court wants to take another peek.

In 2008, the 3rd U.S. Circuit Court of Appeals in Philadelphia had thrown out a $550,000 fine that the FCC had levied against CBS for airing Janet Jackson's "wardrobe malfunction," in which part of the singer's breast was flashed at the end of a musical performance with Justin Timberlake during 2004's Super Bowl halftime show.Just when we thought Nipplegate was behind us, a federal appeals court wants to take another peek.

In 2008, the 3rd U.S. Circuit Court of Appeals in Philadelphia had thrown out a $550,000 fine that the FCC had levied against CBS for airing Janet Jackson's "wardrobe malfunction," in which part of the singer's breast was flashed at the end of a musical performance with Justin Timberlake during 2004's Super Bowl halftime show.

But now, the Associated Press is reporting that the court will re-examine whether or not that fine is, in fact, permissible. While the appeals court had determined in 2008 that the FCC had acted "arbitrarily and capriciously" in handing over the fine, the U.S. Supreme Court last May had commanded the lower court to reconsider their verdict, based on a ruling in another case that said the FCC could impose charges even for fleeting profanity.

The appeals court is looking over the case today.

What do you think? Should CBS be fined for that flash? Or should everyone just move on?